About a month ago got in accident on my bike . Almost died spent a month in ICU traumatic brain injury ward . Any recommendations for personal inj | GTAMotorcycle.com

About a month ago got in accident on my bike . Almost died spent a month in ICU traumatic brain injury ward . Any recommendations for personal inj

Glad you are able to post. Good luck in your quest. Although we are all curious, don't discuss many details until after a lawyer says you can (which won't be for a very long time).
 
Assuming that this was an accident with another automobile, my wife called around to a number of firms earlier this year after a left-turning car incident and learned:
  • You must be able to prove that you have been permanently impaired or disabled as the result of the injury. Temporary injury, pain, suffering, etc, are not enough to bring a personal injury suit against the other party. Loss of wages gets handled through your various insurance policies if you have appropriate coverage.
  • In order to deter personal injury lawsuits, there is a $44,000 deductible for any payout under $147k. So even if you win, the first $44k does not end up in your pocket.
  • This isn't necessarily related to personal injury litigation, but when dealing with direct injury reimbursement, your personal or employment health insurance pays first, OHIP pays second, and automobile insurance pays last. Pretty sweet deal for the auto insurance companies.
 
Themaninblack said:
Talked to lawyer. I've got no chance of compensation. Bikes totalled, I'm totalled and the driver has no consequences for their stupid choice that permanently changed my life.unlikely that I'll ever regain full use of my arm but atleast I'm not on the drool team
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A few minutes with another lawyer isn't a terrible idea. Probably the same answer but worth the call imo.
 
Themaninblack said:
Talked to lawyer. I've got no chance of compensation. Bikes totalled, I'm totalled and the driver has no consequences for their stupid choice that permanently changed my life.unlikely that I'll ever regain full use of my arm but atleast I'm not on the drool team
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That seems strange.
How would you not be entitled to some sort of compensation if you have life altering injuries. I don't mean billions but at least something.
I don't want too many details but maybe if you were at fault for something, I can possibly see that happening.
 
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I think the official term is "Catastrophic Impairment", and this appears to be the official document that a physician would need to fill out. The form is heavy on legal and medical technical jargon, but the bar is very high:

1. Paraplegia or Tetraplegia;
2. Severe impairment of ambulatory mobility or use of an arm, or amputation;
3. Loss of Vision of Both Eyes;
4. Traumatic Brain Injury (applicant 18 years of age or older at the time of the accident);
5. Traumatic Brain Injury (applicant under 18 years of age at the time of the accident);
6. Physical Impairment or Combination of Physical Impairment which results in 55% or more of whole person (see
“Additional Criteria” below);
7. Mental or Behavioural Impairment, Excluding Traumatic Brain Injury, Combined with a Physical Impairment which
results in 55 percent or more impairment of the whole person. (see “Additional Criteria” below);
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Traumatic Brain Injury is qualified further with stuff like this:
  • Vegetative State (VS or VS*), one month or more after the accident,
  • Upper Severe Disability (Upper SD or Upper SD*) or Lower Severe Disability (Lower SD or Lower SD*), six months or more after the accident, or
  • Lower Moderate Disability (Lower MD or Lower MD*), one year or more after the accident
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Themaninblack said:
About a month ago got in accident on my bike . Almost died spent a month in ICU traumatic brain injury ward . Any recommendations for personal injury lawyer's.
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Oatley Vigmond. They are the ones that support Sunnybrooke Trauma Center. They are also the sponsor of Sharp Riders "Ride Safe Scholarship".
 
OP - Just spent 90 days in the Cooksville Recovery Center for broken leg and clavicle after a week at Sunnybrook Trauma.
Fortunately no head injury and I'm a month away from riding again.
Just curious as to what helmet you were wearing as you don't mention other injuries.
 
shanekingsley said:
ThomsonRogers was great for me - very assertive and professional with incident where other driver was 100% at fault.
No fee up front and they took 25% of settlement which was very fair.

Good luck to you.
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I used them as well, very professional.
 
shanekingsley said:
ThomsonRogers was great for me - very assertive and professional with incident where other driver was 100% at fault.
No fee up front and they took 25% of settlement which was very fair.

Good luck to you.
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Aside from the 25% of settlement fee, were there any other fees you had to pay out of your own pocket?
 
justride said:
Aside from the 25% of settlement fee, were there any other fees you had to pay out of your own pocket?
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No extra costs at all. It took a few phone calls, a couple in-person meetings and a couple review meetings for the settlement terms.

My insurance company wanted to buy me out after 1yr of treatments, but at a cost that was too low for me based on what I expected my future physio and massage treatments to entail. The other driver's insurance company also wanted to pay me out at a really low amount which didn't even cover my financial or income losses in the first year after the incident, let alone the potential longer term loss of income since I was doing very physical work for a living.

All in all it worked out really good and the settlements were reasonable for everyone involved. ThomsonRogers earned their 25%.
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